ACCEPTANCE OF TERMS.
The services that Creative Zone, LLC and any subsidiaries and affiliates (collectively referred to as "Creative Zone") provide to you under the domain and sub-domains (collectively referred to as "Goobi") of Goobi.com (including and any other websites that are controlled, operated by, or otherwise affiliated with Creative Zone) are subject to the following Agreement ("Agreement"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
You must read, agree with and accept all of the terms and conditions contained in this Agreement, which include those terms and conditions expressly set out below and those incorporated by reference, before you may use any Creative Zone services. Any personally identifiable information that has been collected from you will immediately be removed from our system if you have not actively accepted these terms and conditions within twenty-four (24) hours of such collection.
Creative Zone reserves the right to update the Agreement at any time without notice to you. The most current version of the Agreement can be reviewed by clicking on the "Disclosures" hypertext link located at the bottom of our Web pages.
DESCRIPTION OF SERVICES.
Through the Goobi Website, Creative Zone provides you with access to a variety of resources, including the purchase of items (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Agreement.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not use for any commercial purpose, disclose, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
PROHIBITION OF SPIDERS, ROBOTS AND SCRAPERS
Except for general purpose search engines (i.e. Google, Yahoo, Altavista, MetaCrawler, Iwon, FAST, Ask Jeeves, Inktomi, About, Looksmart, FindWhat, Overture, Teoma, etc.) that do not provide any services that compete in any way with the Services provided by the Goobi Website, your access to the Goobi Website shall be limited to a single, non-automated, connection at any given time. The Goobi Website may contain robot exclusion headers, and much of the information on the Goobi Website is proprietary to Creative Zone or is licensed to Creative Zone by its users or third parties. Except as otherwise provided, THE USE OF SPIDERS, ROBOTS, SCRAPERS OR ANY OTHER MEANS, WHETHER THROUGH THE USE OF AUTOMATED SOFTWARE OR THROUGH A PHYSICAL OR MECHANICAL SYSTEM, OF OBTAINING MULTIPLE CONNECTIONS OR AUTOMATED ACCESS TO THE Goobi WEBSITE FOR YOURSELF OR ON BEHALF OF OR IN COMBINATION WITH OTHERS IS STRICTLY PROHIBITED. You agree that you will not: (i) take any action that imposes, or may impose in Creative Zone's sole discretion, an unreasonable or disproportionately large load on the infrastructure of the Goobi Website; (ii) interfere or attempt to interfere with the proper working of the Goobi Website or any activities conducted on the Goobi Website; or (iii) bypass Creative Zone's robot exclusion headers or other measures Creative Zone may use to prevent or restrict access to the Goobi Website.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the services in any manner that could damage, disable, overburden, or impair any Creative Zone server, or the network(s) connected to any Creative Zone server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Creative Zone server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
MATERIALS PROVIDED TO CREATIVE ZONE.
Creative Zone does not claim ownership of the materials you provide to Creative Zone (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Creative Zone, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Creative Zone Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided herein. Creative Zone is under no obligation to post or use any Submission you may provide and Creative Zone may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this Agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by this Agreement and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in this Agreement, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in this Agreement, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting to the general public permission to use your Images in connection with the use, as permitted by this Agreement, of any of the Services, and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.
GENERAL DISCLAIMER OF WARRANTY
CREATIVE ZONE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. YOU ACCESS AND USE GOOBI SERVICES AND WEB SITES AT YOUR OWN RISK. IN NO EVENT SHALL CREATIVE ZONE, ITS PARENT, SUBSIDIARIES OR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS (COLLECTIVELY, "CREATIVE ZONE") BE LIABLE FOR:
You agree to indemnify and hold Creative Zone and (as applicable) any parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or any terms and conditions it incorporates by reference, or your violation of any law or the rights of a third party.
The failure of Creative Zone to enforce any provision of this Agreement shall not be construed as a waiver or limitation of Creative Zone's right subsequently to enforce and compel strict compliance with every provision of this Agreement.
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
You acknowledge that violation of this Agreement could cause irreparable harm for which monetary damages may be difficult to ascertain or an inadequate remedy. You therefore, agree that Creative Zone shall be entitled, in addition to its other rights, to seek and obtain injunctive relief for any violation of this Agreement without the filing or posting of any bond or surety. Furthermore, in the event a lawsuit or action is brought by any party under this Agreement to enforce any of its terms, it is agreed that if Creative Zone shall be deemed to be the prevailing party as determined by final judgment, not subject to appeal, of a court of competent jurisdiction, Creative Zone shall be entitled to recovery of reasonable attorney's fees, expert fees, litigation expenses and court costs in addition to any other relief granted by the court.
GOVERNING LAW, JURISDICTION AND VENUE
This Agreement shall be interpreted under and governed by the laws of the State of California without giving effect to such state's conflicts of laws principles or provisions. Any action brought pursuant to this Agreement, or as a result of your use of or access to the Goobi Website in any way, shall be brought in the courts of the state of California, and you hereby waive any challenges to jurisdiction and venue for any such action brought by Creative Zone.
If any term or provision in this Agreement is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final and non-appealable, then, the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken here from in its entirety, and unless such term or provision is material to the performance of this Agreement, the remainder of this Agreement shall survive with the said offending provision eliminated.
Creative Zone press releases, announcements, and posting to this and other web sites contain forward looking statements that involve risk and uncertainties.
CLAIMS OF COPYRIGHT INFRINGEMENT
Creative Zone is committed to the protection of intellectual property rights of third parties and will remove infringing or unlicensed materials once an authorized representative of a copyrights owner properly reports an act of infringement to us. Additionally, Creative Zone reserves the right to terminate access to users who are repeat copyright infringers. Pursuant to section 512 of the Digital Millennium Copyright Act of 1998 (17 U.S.C. 512), Creative Zone's Registered Agent for notification of claims of copyright infringement is as follows:
This information is provided to help copyright owners report potentially infringing materials posted by users of the Creative Zone. If you are a copyright owner, or the authorized representative of a copyright owner, and you believe that text and/or images posted on one of the Goobi Websites infringes upon your copyrights, you may report such allegations to our Registered Agent.
To be proper, notification of a claim of copyright infringement must include:
a) a physical or electronic signature of a person authorized to act on behalf of the copyright owner;
b) a list identifying works claimed to have been infringed;
c) identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and information reasonably sufficient to permit Creative Zone to locate the material;
d) contact information of the complaining party (i.e. address, phone number, email);
e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) a statement that the information in the notification is accurate, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If proper notification of a claim of copyright infringement is received, Creative Zone will remove or otherwise disable access to the allegedly infringing materials. Additionally, Creative Zone will take reasonable steps to promptly notify the user that posted the material that such material has been removed. Creative Zone will give the user the opportunity to provide counter-notification to the claim of infringement. Proper counter-notification must include:
a) a physical or electronic signature of the user;
b) identification of the material that has been removed and the location at which the material appeared before it was removed;
c) a statement under penalty of perjury that the user has a good faith belief that the material was removed as a result of mistake or misidentification of the material.
d) The user's name, address, telephone number, and a statement that the user consents to jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the user's address is outside the United States, for any judicial district in which Creative Zone may be found, and that the user will accept service of process from the complaining party or its agent.
If Creative Zone receives proper counter-notification, a copy of the counter-notification will be provided to the complaining party who provided the original notification of alleged infringement. Unless Creative Zone is notified by the complaining party that an action seeking a court order to restrain the user from committing the allegedly infringing activity has been filed, and absent any further reason for removal, Creative Zone will replace, or re-enable access to, the removed material in not less than 10, nor more than 14 business days following receipt of the counter-notification.
Any access to or use of the Goobi Website shall be deemed your agreement to and approval of all the terms and conditions contained in this Agreement. In addition, when using particular services on the Goobi Website, you agree that you are subject to any posted policies or rules applicable to the services you use, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement. If you have any questions or comments, please contact us.